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HomeMy WebLinkAbout03-5868DICKINSON COLLEGE, Plaintiff JAMES E. WILLIAMS, JR., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: November 5, 2003 MA VSON DE O E WILLIES David R. Galloway,'E~ire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO DICKINSON COLLEGE, Plaintiff JAMES E. WILLIAMS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ffS-(,,g CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant James E. Williams, Jr., is an adult individual with a last known address of 2439 Kansas Avenue, East St. Louis, Illinois, 62205-1118. 3. On or about December 5, 1980, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $788.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about March 15, 1984, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 6. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 7. The total principal for Note #1 and Note #2 is $2,288.00. 8. Note # 1 and Note #2 grant Plaintiffreasonable collection and attorney's fees which Plaintiffhas calculated to be $500.00. 9, As of October 23, 2003, the principal and interest due and payable by Defendant to Plaintiffwas $4,912.43, plus interest accruing thereafter at $.27 per day. 10. As of October 23, 2003, the outstanding balance of $4,912.43 represents the total and actual overdue value of the financing provided to Defendant under Note #I and Note #2 for which Defendant has yet to pay. 11. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $4,912.43, plus interest accruing at $.27 per day from October 23, 2003, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN OU.4NTUM MER UIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of October 23, 2003, the total amount by which Defendant has become enriched is $4,912.43, plus interest in the amount of $.27 per day from October 23, 2003. WHEREFORE, Plaintiff demands judgment against Defendant James E. Williams, Jr., in the amount of $4,912.43, plus interest in the amount of $.27 per day from October 23, 2003, collection and attorneys' fees in the amount of $500.00 and costs of suit. Date: November 5, 2003 I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE NATIONAL DIRECT STUDENT LOAN PROGRAM DISCLOSURE FORM - INITIAL Amount of loan $_ 788.00 Student # 25275 The National Direct Student Loan[s) which you have received together with an ANNUAL PERCENTAGE RATE of 3% on the unpaid balance is repayable in accordance with a repayment schedule to be executed at the time you terminate at least half-time study at this institution. The FINANCE CHARGE begins to accrue at the termination of the grace or other deferment period. The AMOUNT FINANCED (or the total of all loans due) is repayable in accordance with the provisions of the promissory note and the repayment schedule to be attached thereto; and this is subject to provisions relating to DELINQUENCY and DEFAULT CHARGES specified in the promissory note form. The Maker may, at his option, and without penalty, prepay all or any part of the principal plus the accrued interest at any time. Dickinson College by 10-13-80 Date Donald V. Raley ~// Director of Financi61 ,~,id J The Maker acknowledges receipt of an exact copy of this statement. ~Date James Williams Maker James Williams 2 5 6 DEFAULT NDSL - TRUTH-IN-LENDING STATE~fENT DICKINSON COLLEGE Account Number Name of Borrower Address 1898 05 James Williams 2439 Kansas Avenue St. Louis, IL 62205 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. AMOUNT FINANCED The amount of credit provided to you. Prior to During repayment repayment 0 % 5 % $ 1,500.00 Itemization of the Amount Financed: $ 1,500.00 Amount given directly to you.I Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT BORROWER REPRESENTATIVE DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE NATIONAL DIRECT STUDENT LOAN PROGI{~M VII. CANCELLATION FOR TEACHING VIII. HEAD START CANCELLATION IX. MILITARY CANCELLATION I)EATtl AND DISABILITY CANCELLATION CHANGE IN N~, ADDRESS, ~D SOCIAL SECURITY NUMBER PENALTY CHARGE ~ll. ASSIGNMENT YAV. PRIOR LOANS VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relatin~l to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Treasurer of Dickinson College Dated: F:IFIL ES\DATA FILE~Dickin son College 7619~Dickinson CollegeCollections7619CIDocument s~226-com I ,wpd CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows: James E. Williams 2439 Kansas Avenue East Saint Louis, IL 62205 MARTSON DEARDORFF WILLIAMS & OTTO By ~ Marti Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 5, 2003 F LFILESXDATAFILE~Dicldm on College 7619/DickinsonCollegt-Col eot on 7619C~CurrentL226 pral Created: I/ 3/04 1:ISAM DICKINSON COLLEGE, Plaintiff JAMES E. WILLIAMS, JR., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5868 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAE__CIPE Please reinstate the attached Complaint against Defendant James E. Williams, Jr., in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFI BY ~~?~c~ David R ~ow'ay, El I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: January 13, 2004 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff JAMES E. WILLIAMS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5868 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PROOF OF SERVICE Please file the attached Proof of Service of the Sheriff of Madison County, Illinois. M~LIAMS & OTTO BYDav~d R~squir4 I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 29, 2004 Attorneys for Plaintiff :-MDW O ' DICKINSON COLLEGE, Plaintiff JAMES E. WILLIAMS, JR., Defendant IN THE COURT OF COMMON PLEA.S OF CUMBERLAND COUNTY, PENNSYLVANIA :: No.03- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sned in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORNIATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIR~ A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A R_EDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I:IUF- coPY FROM RF..coRO Dated: Nove"mlJcr~, 2003 MTON ~TEARDOP~ ,WILLIAMS & OTTO I. D. Number ~;~ZD Illinois Ten East High Street ~i~, C~lisle, PA 17013 ~e (717) 243-3341 ~ fbc Attorneys for Plaintif~°~=r'' CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Proof of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. James E. Williams, Jr. 7 Whitechapel Court Glen Carbon, IL 62034 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 29, 2004 F:\FILES\DATAFILE\Dickln~on College 7619/DickinsonCollegeCo ec on 76 9C Curcem~226 pta2 RevVed: 4/22104 4:25PM DICKINSON COLLEGE, Plaintiff JAMES E. WILLIAMS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5868 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 22, 2004 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Pearson C.J. Bush, Esquire PEARSON BUSH LAW OFFICE P.O. Box 2737 East Saint Louis, 1L 62202 MARTSON DE3d~DORFF WILLIAMS & OTTO ~'----~'~l~r{cia D. Ecicenroad Ten East High Street Carlisle, PA 17013 (717) 243-334][ Dated: